Working remotely in beneficiaries country

[Cyxs 51]

Does anyone know the legality around keeping a job and working remotely in the country you are immigrating from during the period you are waiting for your work authorisation during the AOS process after K1?

 

Thanks!

[Scandi 4,166]

Can you work from the US or does the job require you to be in the foreign country?

 

As a K-1 holder you can't leave the US until you have your EAD/AP card in hand.

[Cyxs 51]

7 minutes ago, Scandi said:

Can you work from the US or does the job require you to be in the foreign country?

 

As a K-1 holder you can't leave the US until you have your EAD/AP card in hand.

It would be working from the US at a job based in England.

[Scandi 4,166]

4 minutes ago, Cyxs said:

It would be working from the US at a job based in England.

That should be possible, also if the salary is paid out to your Brittish bank account. It's a gray area, but I know other people here on VJ have done it. 

[Cyxs 51]

1 hour ago, Scandi said:

That should be possible, also if the salary is paid out to your Brittish bank account. It's a gray area, but I know other people here on VJ have done it. 

That was my concern primarily, would be paid into my British bank, but there is no real definitive answer online, thanks!

[KBA 542]

1 hour ago, Cyxs said:

That was my concern primarily, would be paid into my British bank, but there is no real definitive answer online, thanks!

I have tried researching this topic also as my fiancé could work remotely once he comes to the States...there is lots of gray area which is frustrating! 

[JFH 12,190]

Why get involved with a gray area? Why take the risk? There are alternatives with no gray areas. 

[KBA 542]

33 minutes ago, JFH said:

Why get involved with a gray area? Why take the risk? There are alternatives with no gray areas. 

Yes, not worth it to risk it

[Wuozopo 4,293]

I would do it. You could also ask for expedited EAD based on having a job. A UK person on here recently had that approved.

[caliliving 606]

it is a grey area, but honestly.. unauthorized work IS FORGIVEN once married to a us citizen! just like UNAUTHORIZED stay is forgiven once married to a USC. 

 

so make sure you put it down on your AOS application, and say you are working they wont care! it is not a reason to deny you for a greencard.. my experience? i worked unauthorized in the US with a SSN before i had my greencard (for 2 years) and it was not an issue. i wrote down on my paperowrk where i worked and i filed taxes (so they knew i worked unauthorized) and it was not even brought up at the interview.  regardless, you are working remote and it is fine! yes, a grey area bc we can not tell you what to do. but working 'unauthorized' is not a reason to deny you a greencard.. just never lie ect. and if you are worried call immigraiton lawyers bc i called 10 when i got a job offer just an fyi and asked what to do lol 

[caliliving 606]

1 hour ago, KBA said:

Yes, not worth it to risk it

just wondering why no risk? when 'unauthorized' work is forgiven? and this person is not even workng with a SSN just in their own country. 

[Lemonslice 4,852]

1 hour ago, JFH said:

Why get involved with a gray area? Why take the risk? There are alternatives with no gray areas. 

 

American employer would risk a fine.  What is OP risking exactly, beside a big fine if income is not declared to the IRS?

[KBA 542]

13 minutes ago, caliliving said:

just wondering why no risk? when 'unauthorized' work is forgiven? and this person is not even workng with a SSN just in their own country. 

The way I understood the post, they are asking if they can work remotely for a company in Britain during the AOS process...I suppose it might be possible but I have read many different  opinions 

[caliliving 606]

3 minutes ago, KBA said:

The way I understood the post, they are asking if they can work remotely for a company in Britain during the AOS process...I suppose it might be possible but I have read many different  opinions 

USCIS can not deny you for working remotely.. you keep working and file taxes appropriately and write it down. no issue.  in fact, i know of many UK people who have done that and have all gotten their greencard.  i also know of canadians who have done that as well. 

[caliliving 606]

17 minutes ago, Lemonslice said:

 

American employer would risk a fine.  What is OP risking exactly, beside a big fine if income is not declared to the IRS?

declare income to IRS. do not risk it.  he never said that tho.. and also, no fine bc his employer is hiring a UK citizen. US gov would not and could not arrest his company.  no risk to the OP and no risk to the company.